AIR 1980 GUJARAT 74

Gujarat High Court

Hon'ble Judge(s): H. J. Divan , C.J. AND R. C. Mankad , J

(A) Civil P.C. (5 of 1908) , S.113— Power of Court to refer case for opinion of High Court - Power is subject to conditions prescribed by Rules - O.46, R.1. Civil P.C. (5 of 1908) , O.46 R.1— The power of reference under S.11, main part can be exercised subject to such conditions and limitations as may be prescribed. The word "prescribed" means prescribed by rules. Order XLVI of the Civil P.C. provides the conditions and limitations of making a reference to the High Court.(Para 6) One of the conditions for exercising the powers of reference as prescribed by Order XLVI Rule 1 is that the suit or the appeal at the hearing of which or in the course of which a doubt regarding any point arises must be a suit or an appeal in which the decree is not subject to appeal. An appeal always lies under the provisions of the Civil P.C. to the High Court against the decree of a Civil Judge, Senior Division passed in a Special Civil Suit and therefore the power of reference under Section 113 main part cannot be exercised in the light of the provisions of Order XLVI Rule 1.(Para 6) (B) Constitution of India , Art.228— Suit involving substantial question of law as to interpretation of Constitution pending in subordinate court - Power of High Court to withd....